13.1: Definitions of At-Risk

The Individuals with Disabilities Education Act (IDEA) defines an at-risk infant or toddler as

an individual under three years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual. At the state’s discretion, at-risk infant or toddler may include an infant or toddler who is at risk of experiencing developmental delays because of biological or environmental factors that can be identified (including low birth weight, respiratory distress as a newborn, lack of oxygen, brain hemorrhage, infection, nutritional deprivation, a history of abuse or neglect, and being directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure). (IDEA, Part B, Subpart A § 3005.5(2004)).

As stated in the IDEA definition, states have the authority to identify eligibility criteria. In Illinois, the Illinois General Assembly has defined at-risk infants or toddlers as the following:

1. “Eligible infants and toddlers” means infants and toddlers under 36 months of age with any of the following conditions:
   1. Developmental delays.
   2. A physical or mental condition which typically results in developmental delay.
   3. Being at risk of having substantial developmental delays based on informed clinical opinion.

Either (A) having entered the program under any of the circumstances listed in paragraphs (1) through (3) of this subsection but no longer meeting the current eligibility criteria under those paragraphs, and continuing to have any measurable delay, or (B) not having attained a level of development in each area, including (i) cognitive, (ii) physical (including vision and hearing), (iii) language, speech, and communication, (iv) social or emotional, or (v) adaptive, that is at least at the mean of the child’s age equivalent peers; and, in addition to either item (A) or item (B), (C) having been determined by the multidisciplinary individualized family service plan team to require the continuation of early intervention services in order to support continuing developmental progress, pursuant to the child’s needs and provided in an appropriate developmental manner. The type, frequency, and intensity of services shall differ from the initial individualized family services plan because of the child’s developmental progress, and may consist of only service coordination, evaluation, and assessments.

“Eligible infants and toddlers” includes any child under the age of 3 who is the subject of a substantiated case of child abuse or neglect as defined in the federal Child Abuse Prevention and Treatment Act.

2. “Developmental delay” means a delay in one or more of the following areas of childhood development as measured by appropriate diagnostic instruments and standard procedures: cognitive; physical, including vision and hearing; language, speech, and communication; social or emotional; or adaptive. The term means a delay of 30% or more below the mean in function in one or more of those areas.
3. “Physical or mental condition which typically results in developmental delay” means
   1. a diagnosed medical disorder or exposure to a toxic substance bearing a relatively well known expectancy for developmental outcomes within varying ranges of developmental disabilities; or
   2. a history of prenatal, perinatal, neonatal or early developmental events suggestive of biological insults to the developing central nervous system and which either singly or collectively increase the probability of developing a disability or delay based on a medical history.
4. “Informed clinical opinion” means both clinical observations and parental participation to determine eligibility by a consensus of a multidisciplinary team of 2 or more members based on their professional experience and expertise. (Early Intervention Services System Act, 2022)

In addition, once a child enters school, they may be considered at risk of academic failure because of additional environmental risk factors such as living in poverty or suffering adverse childhood experiences such as abuse or neglect. The Illinois State Board of Education has a broader definition of at-risk that applies to all school-age students.

The Illinois State Board of Education Definition for At Risk

The Illinois State Board of Education states that “risk factors are those variables found in individuals, families, communities, schools, and peers that put youth at greater risk of participating in delinquent and risky behaviors or developing mental, emotional, physical or behavioral disorders. For example, a youth exposed to physical and emotional abuse is more likely to develop mental, emotional, physical or behavioral problems than a youth who has not experienced trauma” (ISBE, 2022).

Activity \(\PageIndex{1}\): Compare and Contrast

Directions: Compare and contrast the IDEA, Illinois General Assembly, and Illinois State Board of Education definitions for at-risk.

States provide different early intervention services that are funded by both federal and state money. For example, Head Start is one federally funded program that provides comprehensive early childhood education, health, nutrition, and other social services to at-risk children and their families.

Illinois’ Early Intervention Services

In addition to Head Start programs, Illinois also provides at-risk infants and toddlers and their families access to the following programs:

• Preschool for All and The Prevention Initiative, which provide funds for preschool, home visits, and center-based infant and toddler care for at-risk children.
• Title I Preschool, which provides funding for preschools associated with K–12 schools and other local education agencies with a concentration of low-income children.
• The Child Care Assistance Program, which provides childcare subsidies to low-income working families and those engaged in education or training activities to pay for childcare.
• The Illinois Early Intervention Program, which provides resources and supports to infants and toddlers with diagnosed disabilities or developmental issues.

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Individuals With Disabilities Education Act, Part B, Subpart A § 300.5(2004)

Early Intervention Services System Act, 325 ILCS 20. (2022) https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1463&ChapterID=32

Illinois State Board of Education. (2022, December 15). Risk factors. https://www.isbe.net/Pages/Risk-Factors.aspx